City of Reno
Nevada

Business License
BLIC-2016-88

LivFree Wellness Reno LLC, Steve Menzles, 100 West Plumb Lane - Medical Marijuana Dispensary

Information

Department:Community Development - Business LicenseSponsors:
Category:Medical Marijuana - DispensaryWards:Ward 1

Ordinance or Resolution

The Approval of Privileged Business Licenses staff report can be found under agenda item E.1.

 

 

1.

Description of Business

Medical marijuana dispensary

2.

Business License Type

MME Dispensary

3.

Ward

1

4.

Inspection Update

Q101848

 

i.               Zoning

Passed/Approved (MU/SVTC)

 

ii.               Health Inspection

Pending

 

iii.               Building

Pending

 

iv.               Environmental Control

Passed/Approved

 

v.               Fire Inspection

Passed/Approved

 

vi.               Police Inspection

Not Required

 

vii.              Police Verification

Pending

5.

Zoning Hours of Operation Allowed

Sunday thru Saturday from 6:00am to 11:00pm

6.

Hours of Operation

Sunday thru Saturday from 10:00am to 8:00pm

 

Meeting History

Jul 27, 2016 10:00 AM Video Reno City Council & Redevelopment Agency Board Joint Regular

THIS ITEM WAS PULLED FOR DISCUSSION.

Council Member Jardon made the following disclosure:

"NRS 280.1a.420 requires me to disclose my relationship in a private capacity with members of the McDonald Carano Wilson, LLP, law firm. One of the members of the law firm has submitted materials in her own capacity regarding this agenda item and she has an ongoing business and personal interest with the Conservatory of Movement. I am unaware and do not believe that the law firm itself is involved in this matter. I have consulted with the City Attorney's office and have concluded that the independence of judgment of a reasonable person in my situation would not be materially affected by my relationship with members of the law firm. Madam Clerk please accept this disclosure and lodge it on the record for this meeting and any subsequent meetings pertaining to this agenda item."

The Mayor called for public comment.

Gregory Glogowski, 2355 Aububon Way, representing Barbara Land and the Conservatory of Movement, expressed opposition to the granting of the license to LivFree. The LivFree location is directly across the street from the Conservatory of Movement and is in violation of NRS 453A, which states that a Medical Marijuana Establishment (MME) may not be within 300 feet of a community facility. The Department of Health and Human Services has determined that the Conservatory of Movement is a community facility. It is unlawful to operate any MME unless it is in compliance with all applicable state laws including NRS 453a. LivFree’s argument for proof of compliance appears to suggest that the Conservatory of Movement did not have a business license when they submitted their initial application. This is incorrect. The Conservatory of Movement has always had an active business license with the City of Reno. The City of Reno Business Division did not send out their annual compliance notice of renewals for the Conservatory of Movement from 2011 to present. When the Conservatory of Movement was made aware of this it paid the licensing renewal fees on June 10, 2016. No penalties were assessed because a notice of renewal was not sent. Their license has always been listed as active and they have been doing business for thirty years. LivFree has not met the criteria to operate an MME as established by Nevada state and local codes. We ask you to deny their application.

Barbara Land, 1631 Saturno Hights, bland@unr.edu, discussed the classes offered at the Conservatory of Movement. Ms. Land stated that she has received many emails from parents of students stating that if the dispensary moves to the location across the street they will no longer come to her school.

Miriam Allen, 2470 Melody Lane, presented a Public Comment Form in opposition to the licensing of the LivFree Wellness dispensary, but did not wish to speak.

Council Member Brekhus stated that she understands the concerns of the facility nearby but at the time of this request it was not a licensed facility. She understands there are some technicalities involved regarding when the renewal came through but it is everyone's obligation to have a business license in the facility where they are located. She is pleased to see the investment made to this building and thinks it will be a good presence there. She expressed sympathies to those who are concerned about the land use implications to them but does not see that the framework provides the protections that they say should be there for them based upon the non-licensing issue.

In response to Council Member Jardon’s request, Michael Chaump, Business Relations Manager, explained the process the applicant has gone through. At the time the application was submitted it met all state and local requirements and staff is recommending approval of this license.

Council Member McKenzie asked what standing Council would have to deny this request.

Mr. Chaump confirmed that Staff feels it is an appropriate location and meets all the requirements so standing to deny would be difficult to identify.

Council Member McKenzie and applicant Steve Menzles, 100 West Plumb Lane, discussed how much the applicant has invested in this location.

Council Member McKenzie asked Mr. Glogowski if they would be willing to reimburse the amount the applicant has invested in this location.

Gregory Glogowski reiterated that the City of Reno did not send out their license renewals to the Conservatory and that is the only reason it had not been renewed.

Mr. Chaump confirmed for Council Member McKenzie that business licenses have expiration dates on them and there is a sixty (60) day grace period to renew.

Mayor Schieve asked the applicant to provide a history of their efforts to work with the Conservatory of Movement.

Mr. Menzles stated that they have not reached an agreement with the Conservatory of Movement. The applicant offered $50,000 to help the Conservatory relocate and then offered them $100,000 to relocate and they did not accept those offers. The applicant did receive a counter offer of about $330,000, but feels that is an unreasonable amount.

Mr. Glogowski stated that they were offered $50,000 which was $2,000 a month for eighteen months for relocation and $15,000 for tenant improvements. He stated that they were offered $50,000 two days ago not to oppose anything here today and that they were never offered $100,000 as stated.

Council Member Brekhus stated that sometimes side deals are made between parties on land use entitlement issues but that is not material to the Council’s decision. Our decision is strictly on the appropriateness of the use and we have been told it meets all requirements.

The Council upheld the staff recommendation.

RESULT:APPROVED [UNANIMOUS]
MOVER:Jenny Brekhus, Councilmember
SECONDER:Oscar Delgado, Councilmember
AYES:Hillary Schieve, Jenny Brekhus, Naomi Duerr, Oscar Delgado, Paul McKenzie, Neoma Jardon
ABSENT:David Bobzien